How to Handle HOA Maintenance Disputes

HOAs have a fiduciary duty to maintain common areas using assessment funds. In California, Cal. Civ. Code § 5600 requires the board to prepare an annual budget that includes adequate reserves for maintenance and repair. In Florida, Fla. Stat. § 720.303(6) requires HOAs to maintain adequate reserves unless waived by majority vote. Virginia law (Va. Code Ann. § 55.1-1805) requires the association to maintain and repair common areas as specified in the declaration. If your HOA is collecting assessments but failing to maintain common areas, you may have grounds to demand an accounting, attend board meetings to raise the issue, or petition for a special meeting under your state's HOA act.

Dear Board of Directors,

I am writing to formally request that the Association address the deteriorating condition of [specific common area issue]. As a dues-paying homeowner, I expect that my assessments are being used to maintain common areas as required by our CC&Rs and [state statute].

I request a written response within 30 days outlining the timeline and plan for addressing this issue. I also request access to the most recent reserve study and financial statements as permitted under [records inspection statute].

Sincerely,
[Your Name]

• The HOA has not addressed maintenance issues after multiple written requests
• Common areas pose a safety hazard (broken lighting, damaged walkways)
• The HOA is collecting special assessments for maintenance not being performed
• Reserve funds appear to have been mismanaged or depleted
• The HOA refuses to provide financial records when requested